6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly personal hostility, the character of which being so patent and gross as to amount to an evasion of positive duty or to a virtual refusal to perform the duty enjoined by or to act at all in contemplation of law.[27] In labor disputes, grave abuse of discretion may be ascribed to the NLRC when, inter alia, its findings and conclusions are not supported by substantial evidence, or that amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.[28] Guided by the foregoing considerations, the Court finds that the CA committed reversible error in granting respondent's certiorari petition since the NLRC did not gravely abuse its discretion in dismissing the complaint for permanent total disability benefits for respondent's failure to establish his claim through substantial evidence. It is doctrinal that the entitlement of seamen on overseas work to disability benefits is a matter governed not only by medical findings but by law and by contract.[29] The relevant legal provisions are Articles 191 to 193 of the Labor Code and Section 2, Rule X of the Amended Rules on Employees' Compensation (AREC), while the relevant contracts are the POEA Standard Employment Contract (POEA-SEC), the parties' Collective Bargaining Agreement (CBA), if any, and the employment agreement between the seafarer and employer. In this case, the parties entered into a contract of employment in accordance with the POEA-SEC which, as borne from the records, was covered by an overriding International Transport Workers' Federation (ITF) Cruise Ship Model Agreement For Catering Personnel, i.e., the CBA, that was effective from January 1, 2010 until December 31, 2010.[30] Since respondent's injury on board the vessel "Star Princess" that caused his eventual repatriation was sustained on April 27, 2010, or during the effectivity of the CBA, his claim for the payment of permanent total disability compensation shall be governed by Article 12 (2) of the CBA which provides: 2. Disability: A Seafarer who suffers injury as a result of an accident from any cause whatsoever whilst in the employment of the Owners/Company, regardless of fault, including accidents occurring whilst traveling to or from the Ship and whose ability to work is reduced as a result thereof, shall in addition to his sick pay, be entitled to compensation according to the provisions of this Agreement. The compensation which the Owner/Company, Manager, Manning Agent, and any other legal entity substantially connected with the vessel shall be jointly and severally liable to pay shall be calculated by reference to an agreed medical report, with the Owners/Company and the Seafarer both able to commission their own and when there is disagreement the parties to this Agreement shall appoint a third doctor whose findings shall be binding on all parties. The aforesaid medical report determines the Degree of Disability and the table below the Rate of Compensation. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61201 4/13